BILL NUMBER: AB 1781	CHAPTERED  09/27/00

	CHAPTER   782
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 27, 2000
	PASSED THE SENATE   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   SEPTEMBER 1, 2000
	AMENDED IN SENATE   SEPTEMBER 1, 2000
	AMENDED IN SENATE   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 13, 2000
	AMENDED IN ASSEMBLY   MAY 9, 2000
	AMENDED IN ASSEMBLY   APRIL 11, 2000

INTRODUCED BY   Assembly Members Robert Pacheco and Vincent
   (Principal coauthors: Assembly Members Campbell, Cardenas,
Margett, Washington, and Zettel)
   (Coauthors:  Assembly Members Baugh, Havice, Lowenthal, Nakano,
and Rod Pacheco)
   (Coauthor:  Senator Alarcon)

                        JANUARY 25, 2000

   An act to amend Section 5002.6 of the Public Resources Code,
relating to state beaches, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1781, Robert Pacheco.  State beaches:  County of Los Angeles:
deed restrictions.
   Existing law requires the Director of Parks and Recreation, upon
the adoption of a specified resolution by the County of Los Angeles,
to grant to the County of Los Angeles, in trust for the people of
California, all of the rights, title, and interest of the State of
California in specified state beach property.  Existing law prohibits
any new project for new or expanded noncommercial development on
that beach property from exceeding an estimated cost limitation for
each project of $250,000, as adjusted.  Existing law requires that
limitation to be specified in each deed.
   This bill would exempt noncommercial projects necessary to bring
public accessways and public facilities into compliance with the
Americans with Disabilities Act of 1990, as amended, from the
estimated cost limitation.  The bill would require the director to
execute an amendment to any deed conveying the state beach property
to incorporate the exemptions provided by the bill.
   The bill would also limit the use of public funds for shoreline
protective works at specified beaches to those determined by the
County of Los Angeles to be necessary for the protection of public
infrastructure or a public facility.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5002.6 of the Public Resources Code is amended
to read:
   5002.6.  (a) Notwithstanding any other provision of law, and upon
the adoption of a resolution of acceptance pursuant to subdivision
(h), the director shall grant to the County of Los Angeles, at no
cost to the county, in trust for the people of the State of
California, and subject to the conditions set forth in this section,
all of the rights, title, and interest of the State of California in
lands, and improvements thereon, generally described as follows, and
more particularly described in the deed:
   (1) Parcel 1.  Approximately 3.83 acres of unimproved land, known
as Las Tunas State Beach.
   (2) Parcel 2.  Approximately 31.21 acres of improved land, known
as Topanga State Beach.
   (3) Parcel 3.  Approximately 46.34 acres of improved land, being a
portion of Manhattan State Beach.
   (4) Parcel 4.  Approximately 26.03 acres of improved land, known
as Redondo State Beach.
   (5) Parcel 5.  Approximately 18.07 acres of improved land, known
as Royal Palms State Beach.
   (6) Parcel 6.  Approximately 30.64 acres of improved land, being a
portion of Point Dume State Beach.
   (7) Parcel 7.  Approximately 15.12 acres of unimproved land, known
as Dan Blocker State Beach, and that includes Latigo Shores.
   (8) Parcel 8.  Approximately 10.50 acres of improved land, being a
portion of Malibu Lagoon State Beach, known as Surf Rider Beach.
   (b) (1) The grant in trust for the people of the State of
California made pursuant to subdivision (a) shall be made upon the
express condition that the County of Los Angeles shall use, operate,
and maintain the granted lands and improvements thereon for public
recreation and beach purposes in perpetuity, and shall comply with
all restrictions specified in each deed and prescribed in subdivision
(e).  The county shall not make or permit any other use of the
granted lands and improvements.  Any violation of this prohibition or
any violation of subdivision (e) shall constitute a breach of
conditions for purposes of paragraph (2) of this subdivision.
   (2) Upon a material breach of any condition of a grant made
pursuant to this section which is determined by a court of competent
jurisdiction to have been made intentionally, the State of California
shall terminate the interest of the County of Los Angeles in the
granted lands and improvements pursuant to Chapter 5 (commencing with
Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil
Code.  Upon exercise of the state's power of termination in
accordance with Section 885.050 of the Civil Code, all rights, title,
and interest of the County of Los Angeles in the granted lands and
improvements shall terminate and revert to, and rest in, the state,
and the county shall, within 30 days from the date of that judgment,
pay to the state an amount equal to funds received by the county
annually from the appropriation under schedule (a) of Item
3680-105-516 of the Budget Act of 1995 or from any subsequent
appropriation received from the state specifically for the operation
or maintenance of the granted lands and improvements.  However, in no
event shall that payment exceed the sum of one million five hundred
thousand dollars ($1,500,000).  The returned funds shall be deposited
in the State Parks and Recreation Fund.
   (3) Notwithstanding Section 885.030 of the Civil Code, the state's
power of termination pursuant to paragraph (2) shall remain in
effect in perpetuity.
   (c) Any operating agreement between the State of California and
the County of Los Angeles pertaining to any of the real property
described in subdivision (a), in existence at the time of the grant,
shall be terminated by operation of law upon the conveyance of the
real property to the County of Los Angeles.
   (d) There is hereby excepted and reserved to the State of
California from the grants made pursuant to subdivision (a) all
mineral deposits, as defined in Section 6407, which lie below a depth
of 500 feet, without surface rights of entry.
   (e) The transfer of all rights, title, and interest in the lands
and improvements described in subdivision (a) shall be subject to the
following restrictions, which shall be specified in each deed:
   (1) (A) No new or expanded commercial development shall be allowed
on the granted real property.
   (B) Any project for new or expanded noncommercial development on
the granted real property shall not exceed an estimated cost
limitation for each project of two hundred fifty thousand dollars
($250,000), as adjusted annually to reflect the California
Construction Index utilized by the Department of General Services.
Any authorization for new and expanded noncommercial development
shall be limited to projects that provide for the safety and
convenience of the general public in the use and enjoyment of, and
enhancement of, recreational and educational experiences, and shall
be consistent with the use, operation, and maintenance of the granted
lands and improvements as required pursuant to subdivision (b).  The
expenditure of public funds for shoreline protective works shall
only be permitted for those protective works that the County of Los
Angeles determines are necessary for the protection of public
infrastructure or a public facility.  For purposes of this
subparagraph, "project" means the whole of an action that constitutes
the entirety of the particular type of new construction, alteration,
or extension or betterment of an existing structure.
   (C) Notwithstanding subparagraph (B), the deed for the conveyance
of Royal Palms State Beach shall contain a provision that allows for
the implementation of the state-approved local assistance grant
(project number SL-19-003) to the County of Los Angeles already
approved in the Budget Act of 1988 for noncommercial development to
rehabilitate the existing park infrastructure at that state beach.
   (D) The estimated cost limitation specified in subparagraph (B)
shall not apply to the noncommercial projects necessary to bring
public accessways and public facilities into compliance with the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec.
12101 et seq.).  The limitation described in this subparagraph shall
not affect the restriction described in subparagraph (A) of paragraph
(1) of subdivision (e).
   (2) The granted lands and improvements may not be subsequently
sold, transferred, or encumbered.  For purposes of this section,
"encumber" includes, but is not limited to, mortgaging the property,
pledging the property as collateral, or any other transaction under
which the property would serve as security for borrowed funds.  Any
lease of the granted lands or improvements shall only be consistent
with the public recreation and beach purposes of this section.
   (f) As an alternative to the exercise of the power of termination
for a material breach of conditions, each condition set forth in this
section shall be enforceable as a covenant and equitable servitude
through injunction for specific performance issued by a court of
competent jurisdiction.
   (g) On and after June 30, 1998, it is the intent of the
Legislature that any application by the County of Los Angeles Fire
Department to secure state funding support for boating safety and
enforcement on waters within the County of Los Angeles shall be given
priority consideration by the Legislature, unless an alternative
source of funding is secured prior to that date which serves the same
or similar purposes.
   (h) This section shall become operative only if the Board of
Supervisors of the County of Los Angeles adopts a resolution
accepting the fee title grants, in trust for the people of the State
of California, in accordance with this section, of the lands and
improvements described in subdivision (a).
  SEC. 2.  With regard to any deed executed by the Director of Parks
and Recreation granting property to the County of Los Angeles
pursuant to Section 5002.6 of the Public Resources Code, the
director, on or before June 30, 2001, shall execute an amendment to
that deed modifying the deed restriction required by subdivision (e)
of Section 5002.6 of the Public Resources Code to incorporate the
provisions of subparagraph (D) of paragraph (1) of subdivision (e) of
Section 5002.6 of the Public Resources Code.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to complete projects necessary to bring public accessways
and public facilities into compliance with the Americans with
Disabilities Act of 1990, it is necessary that this act take effect
immediately.
